The complainant has filed this case against the OP as per provision of the C.P. Act, 2019 and praying for following relief /order:-
i) Direction against the OP to pay a sum of Rs. 25,528/- (twenty five thousand five hundred twenty eight) only which is maturity amount of the fixed deposit certificate.
ii) Direction against the OP to pay a sum of Rs. 1,00,000/- (one lakh) only for mental and physical harassment of the complainant.
iii) Direction against the OP to pay a sum of Rs. 20,000/- (twenty thousand) only to the complainant as litigation cost.
iv) Any further relief/reliefs is/are legally entitled.
The brief fact of the case is that the complainant is a consumer under the provision of Consumer Protection Act, 2019 and he purchased GOLDEN 24 policy from the Opposite Party being certificate no. 438001519621 dated 31.08.2019 for the sum of Rs. 21,000/- (twenty one thousand) only, date of maturity 31.08.2021 and matured amount is Rs. 25,528/- (twenty five thousand five hundred twenty eight) only.
The further case is that in the month of September, 2021 when the complainant again went to the OP and with the policy certificate to receive the maturity amount OP stated that maturity amount will be issued after some days as their internal meeting is pending, and in the last week of September, 2021 when the complainant went to the OP requesting for making payment but the OP disclosed that their internal meeting was still pending. Again in the month of November, 2021 the complainant went to the OP for making payment but of no result. Further case of the complainant is that the complainant did not get her matured amount from the OP even after going to their office for last four (4) months and the cause of action of this case arose on 31.08.2021 which is the date of maturity of the policy and continued till the months of September, 2021 and the OP has deliberately make no payment of the matured amount of the policy to the complainant.
Notice was issued from this commission for servicing upon the OP. Notice was duly served upon the OP but the OP did not appear before this commission to contest this case. Accordingly the case is taken up for ex-parte hearing.
Complainant files evidence in the form of an affidavit and also files WNA in support of his claim. At the time of hearing of argument Ld. Advocate of complainant files some documents by a firisti including Fixed Deposit Certificate.
Having heard the Ld. Advocate of the complainant and on perusal of the documents filed by the complainant and other materials on record the following points are taken up for consideration by this commission.
POINTS FOR CONSIDERATION
- Whether the complainant is a consumer as per the provision of C.P. Act. ?
- Whether the case is maintainable in its present form and prayer under the provision of the C.P. Act. ?
- Whether there is any cause of action to file this case by the complainant?
- Whether there was deficiency in service on the part of the OP as alleged by the complainant?
- Is the complainant has able to prove this case and entitled to get any relief as prayed for?
DECISION WITH REASONS
All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.
In order to prove the case the complainant has files evidence in the form of an affidavit and also files some documents in support of her case.
At the time of hearing of argument Ld. advocate of complainant submits that the complainant being a poor person had purchased Fixed Deposit Certificate from the OP on 31.08.2019 by making payment of Rs. 21,000/-(twenty one thousand) only and the date of maturity was on 31.08.2021. He further argued that on several occasions the complainant went to the office of the OP requesting the OP for making payment of the matured amount. But on several pleas the OP makes no payment deliberately evading the complainant to make payment by stating that the internal meeting by the OP was going on. Ld. Advocate of complainant has also argued that the complainant has been able to prove the case not only by adducing evidence but also by producing the Fixed Deposit Certificate before this commission.
Having heard Ld. Advocate of the complainant and on perusal of the entire record it is admitted fact that the complainant being a consumer had purchased a Fixed Deposited Certificate from the OP when the OP allured the complainant that they will give huge interest to the complainant on maturity of F.D. Certificate. It also reveals from the record that the maturity period of F.D. Certificate has also been over. But by filling instant complaint as well as evidence including WNA (Written Notes of Argument) the complainant has specifically stated before this commission that the OP has flouted the condition of the F.D. Certificate and did not make any payment as per terms of the F.D. Certificate.
Hon’ble Supreme Court in Virender Jain Versus Alkananda Co-operative Group Housing Society Ltd. (2013) 9 SCC 383 it was held that, dispute raises by the members of the Society can be decided by the Consumer Forum.
It was also held by Hon’ble Supreme Court in Thirumurugan Co-operative Agricultural Society Versus M. Lalitha (Dead) through LRS (Appeal, Civil 92 of 1998) that the dispute between co-operative society and its members regarding deficiency in service can be maintained under the Consumer Protection Act.
In view of the above and considering the materials on record we are also of the view that this Commission has sufficient jurisdiction to entertain this complaint as a consumer dispute.
Considering the unchallenged evidence of the complainant documents filed and other materials on record we are of the view that the complainant has been able to prove the case against the OP.
Hence,
ORDERED,
that the instant Consumer Case being No. 15 of 2022 be and the same is allowed in part on ex-parte.
The OP is directed to pay the complainant a sum of Rs. 25,528/-(twenty five thousand five hundred twenty eight) only which is the maturity amount of the F.D. Certificate along with interest of the rate 9% per annum with effect from 01.09.2021 till making payment of the entire amount.
The OP is also directed to pay a sum of Rs. 20,000/- (twenty thousand) only to the complainant for mental and physical harassment of the complainant.
The OP is further directed to pay a sum of Rs. 10,000/- (ten thousand) only for litigation cost to the complainant.
The OP is also directed to pay a sum of Rs. 10,000/-(ten thousand) only in the Consumer Legal Aid Account of this Commission.
Let a copy of this order be given to the parties free of cost.
